The Orlando Sentinel reports Daniel Rushing filed a lawsuit last week, claiming negligence by the city and the kit’s manufacturer.

Rushing was arrested on drug charges last December when Orlando police officers spotted four tiny flakes of glaze on his floorboard and thought they were pieces of crystal methamphetamine. Rushing told officers it was likely sugar from Krispy Kreme doughnuts he’d eaten, but two roadside drug tests were positive for the illegal substance.

A state crime lab test cleared Rushing several weeks later and charges were dropped.

Orlando police have said the arrest was lawful. The paper states the city declined comment.